SOUTHWESTERN HOTEL CO. v. UNITED STATES

No. 9556.

115 F.2d 686 (1940)

SOUTHWESTERN HOTEL CO. v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

November 19, 1940.


Attorney(s) appearing for the Case

Thornton Hardie, of El Paso, Tex., for appellant.

W. R. Smith, Jr., U. S. Atty., of San Antonio, Tex., and Carl J. Marold, Sp. Asst. to Atty. Gen., for appellee.

Before FOSTER, HUTCHESON, and HOLMES, Circuit Judges.


HOLMES, Circuit Judge.

On September 1, 1933, the Southwestern Hotel Company, appellant, entered upon a 99-year lease on a hotel belonging to the Hilton Hotel Company. The lease contract between the parties provided, in Article II thereof, for the payment of graduated cash monthly rentals. In Article III of the lease, under the caption "Additional Money Rentals," it was provided that, as a further consideration for the lease, the lessees should make all payments as...

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